Creating Public Property

By: Michael M. Berger
– Daily Journal

"One thing that should be rather clear in our system of reciprocal rights is that the right to own and use property—to the exclusion of all others—is a fundamental constitutional right. Both the U.S. and California Constitutions say so expressly. Indeed, the U.S. Supreme Court has referred to the right to exclude others from one's land as 'one of the most essential' and 'most treasured strands in an owner's bundle of property rights.' Kaiser Aetna v. United States, 444 U.S. 164, 176 (1979); Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 435 (1982)."

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